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CITY OF SUNNY ISLES BEACH <br />CITY OF SUNNY ISLES BEACH <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />305.792.1707 | sibfl.net |Purchasing@sibfl.net <br />305.792.1707 | sibfl.net | Purchasing@sibfl.net <br />hereunder are not assignable except with prior written approval of the City accordance with the law of the State of <br />Manager. Further, in the event that the majority ownership or control of Florida. <br />the Contractor changes hands subsequent to the award of this contract, <br />Contractor shall promptly notify City in writing (via United States Postal Change Order: A written order to the Contractor signed by <br />Service – Certified Mail, Return Receipt Requested) of such change in the City authorizing an addition, deletion or <br />ownership or control at least thirty (30) days prior to such change and City revision in the Work, or an adjustment in the <br />shall have the right to terminate the contract upon sixty (60) days written Contract Price or the Contract Time issued <br />notice, at City’s sole discretion.after execution of the Agreement. <br /> <br />1.26 HOLD HARMLESS/INDEMNIFICATION: City: City of Sunny Isles Beach, 18070 Collins <br />Avenue, Sunny Isles Beach, Florida 33160. <br />The Contractor shall indemnify, hold harmless, and defend the City of <br />Sunny Isles Beach, it's officers, agents and employees from and against any And <br />claims, demands or causes of action of whatsoever kind or nature arising <br />th <br />out of error, omission, negligent act, conduct, or misconduct of the City of North Miami Beach, 17011 NE 19 <br />Contractor, their agents, servants or employees in the provision of goods Avenue, North Miami Beach, Florida 33162. <br />or the performance of services pursuant to this Bid and / or from any <br />procurement decision of the City including without limitation, awarding Contract Documents:Contract Documents shall include, <br />the Contract to the Contractor. Instructions to Bidders, Contractor's Bid, the <br /> Bonds, the Notice of Award, the Agreement <br />1.27 NON-CONFORMANCE TO CONTRACT: between the City and Contractor as well as <br />any addenda thereto, these General <br />The City of Sunny Isles Beach may withhold acceptance of, or reject items <br />Conditions, Special Conditions, the Technical <br />which are found upon examination, not to meet the specification Specifications, Drawings and Modifications, <br />requirements. Upon written notification of rejection, items shall be Notice to Proceed, Request for Proposal, <br />removed within (5) calendar days by the vendor at their own expense and Insurance Certificates, Change Orders and <br />redelivered at their expense. Rejected goods left longer than thirty (30) Acknowledgment of Conformance with the <br />calendar days will be regarded as abandoned and the City shall have the City of Sunny Isles Beach. <br />right to dispose of them as its own property. Rejection for non- <br />conformance or failure to meet delivery schedules may result in the Contract Price: The total monies payable to the Contractor <br />Contractor being found in default.under the Contract Documents. <br /> <br />1.28 DEFAULT PROVISION: Contract Time: The number of calendar days stated in the <br />Agreement for the completion of the Work. <br />In case of default by the Bidders, the City of Sunny Isles Beach may procure <br />the articles or services from other sources and hold the Bidders <br />Contracting Officer: The individual who is authorized to sign the <br />responsible for any excess costs occasioned or incurred thereby. contract documents on behalf of the City’s <br /> <br />governing body. <br />1.29SECONDARY/OTHER VENDORS: <br />Contractor: The person, firm or corporation with whom <br />The City reserves the right in the event the primary vendor cannot provide the City has executed this Agreement. <br />an item(s) or service(s) in a timely manner as requested, to seek other <br /> <br />sources without violating the intent of the Contract.Day: A calendar day of twenty-four hours <br />measured from midnight to the next <br />1.30 DEFINITIONS:midnight. <br /> <br />Wherever used in these General Conditions or in the other Contract Field Order: A written order issued by the City which <br />Documents, the following terms shall have the meaning indicated which <br />clarifies or interprets the Contract <br />shall be applicable to both the singular and plural thereof:Documents or orders minor changes in the <br />Work. <br />Acceptance:Acceptance by the City of the Work as being <br />fully complete in accordance with the Modification: Modification means any one of the <br />Contract Documents subject to waiver of following: (a) a written amendment of the <br />claims.Contract Documents signed by both parties, <br />(b) a Change Order, (c) a written clarification <br />Agreement: The written Agreement between the City or interpretation if issued by the City, or (d) <br />and the Contractor covering the Work to be a written order for minor change or <br />performed, which includes the Contract alteration in the Work issued by the City. A <br />Documents. modification may only be issued after <br /> execution of the Agreement. <br />Addenda: Written or graphic instruments issued prior <br />to the Bid Opening which modify or interpret Non-Compliant Work: Work performed by the Contractor that has <br />the Contract Documents, Drawings and been determined through City inspection to <br />Specifications, by addition, deletions, not meet the Performance Standards. <br />clarifications or corrections. <br /> Notice of Award: The written notice by City to the apparent <br />Approved: Means approved by the City. successful Bidders stating that upon <br /> compliance with the conditions precedent to <br />Bid: The offer of the Bidders submitted on the be fulfilled by him within the time specified, <br />prescribed form setting forth the prices for City will execute and deliver the Agreement <br />the Work to be performed.to him. <br /> <br />Bidder: Any person, firm or corporation submitting a Notice to Proceed: The written letter or directive issued by the <br />Bid for Work. City Manager or designee acknowledging <br /> that all conditions precedent to award have <br />Bonds: Bid, performance bond and other been met and directing that the Contractor <br />instruments of security, furnished by the may begin Work. <br />Contractor and their surety in accordance <br />with the Contract Documents and in <br />6 <br /> <br /> <br />